Dying without a will by state decides who inherits your money, home, and belongings when you leave no valid will — and the answer is set by law, not by your wishes. This is called intestate succession. Every state has its own order of who inherits first, how much a surviving spouse receives, and what happens to children and other relatives. This plain-English guide compares dying without a will by state for all 50 states, with a link to each state’s full intestate-succession guide.
Click any state below to read its full guide on dying without a will, with the exact intestate shares, spouse and child rules, and step-by-step process for that state.
Quick Facts — Dying Without a Will by State (2026)
- All 50 states have intestate-succession laws that decide who inherits when there is no valid will
- A surviving spouse almost always inherits first — often everything if there are no children, and a share alongside the children if there are
- 9 community-property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) treat marital property differently, which changes the spouse’s share
- After a spouse, the usual order is children, then parents, then siblings, then more distant relatives
- Unmarried partners, friends, and charities inherit nothing under intestate law, no matter how close the relationship
- If no living relatives can be found, the estate “escheats” — passes to the state — though this is rare
Dying Without a Will by State — All 50 States Compared
The table below shows the core of dying without a will by state for all 50 states. Here is what each column means:
Spouse’s Starting Share = the general rule for what a surviving spouse inherits. The exact amount depends on whether there are children and whose children they are, so always check your state guide for the precise share.
Community Property = whether the state treats most property acquired during marriage as owned equally by both spouses, which affects how much the survivor automatically keeps.
Who’s Next = the general order of relatives who inherit after (or alongside) a spouse.
| State | Spouse’s Starting Share | Community Property | Who’s Next |
|---|---|---|---|
| Alabama | All if no children; shares with children | No | Children, then parents, then siblings |
| Alaska | All if no children; shares with children | No | Children, then parents, then siblings |
| Arizona | All if no children; shares with children | Yes | Children, then parents, then siblings |
| Arkansas | All if no children; shares with children | No | Children, then parents, then siblings |
| California | All if no children; shares with children | Yes | Children, then parents, then siblings |
| Colorado | All if no children; shares with children | No | Children, then parents, then siblings |
| Connecticut | All if no children; shares with children | No | Children, then parents, then siblings |
| Delaware | All if no children; shares with children | No | Children, then parents, then siblings |
| Florida | All if no children; shares with children | No | Children, then parents, then siblings |
| Georgia | All if no children; shares with children | No | Children, then parents, then siblings |
| Hawaii | All if no children; shares with children | No | Children, then parents, then siblings |
| Idaho | All if no children; shares with children | Yes | Children, then parents, then siblings |
| Illinois | All if no children; shares with children | No | Children, then parents, then siblings |
| Indiana | All if no children; shares with children | No | Children, then parents, then siblings |
| Iowa | All if no children; shares with children | No | Children, then parents, then siblings |
| Kansas | All if no children; shares with children | No | Children, then parents, then siblings |
| Kentucky | All if no children; shares with children | No | Children, then parents, then siblings |
| Louisiana | All if no children; shares with children | Yes | Children, then parents, then siblings |
| Maine | All if no children; shares with children | No | Children, then parents, then siblings |
| Maryland | All if no children; shares with children | No | Children, then parents, then siblings |
| Massachusetts | All if no children; shares with children | No | Children, then parents, then siblings |
| Michigan | All if no children; shares with children | No | Children, then parents, then siblings |
| Minnesota | All if no children; shares with children | No | Children, then parents, then siblings |
| Mississippi | All if no children; shares with children | No | Children, then parents, then siblings |
| Missouri | All if no children; shares with children | No | Children, then parents, then siblings |
| Montana | All if no children; shares with children | No | Children, then parents, then siblings |
| Nebraska | All if no children; shares with children | No | Children, then parents, then siblings |
| Nevada | All if no children; shares with children | Yes | Children, then parents, then siblings |
| New Hampshire | All if no children; shares with children | No | Children, then parents, then siblings |
| New Jersey | All if no children; shares with children | No | Children, then parents, then siblings |
| New Mexico | All if no children; shares with children | Yes | Children, then parents, then siblings |
| New York | All if no children; shares with children | No | Children, then parents, then siblings |
| North Carolina | All if no children; shares with children | No | Children, then parents, then siblings |
| North Dakota | All if no children; shares with children | No | Children, then parents, then siblings |
| Ohio | All if no children; shares with children | No | Children, then parents, then siblings |
| Oklahoma | All if no children; shares with children | No | Children, then parents, then siblings |
| Oregon | All if no children; shares with children | No | Children, then parents, then siblings |
| Pennsylvania | All if no children; shares with children | No | Children, then parents, then siblings |
| Rhode Island | All if no children; shares with children | No | Children, then parents, then siblings |
| South Carolina | All if no children; shares with children | No | Children, then parents, then siblings |
| South Dakota | All if no children; shares with children | No | Children, then parents, then siblings |
| Tennessee | All if no children; shares with children | No | Children, then parents, then siblings |
| Texas | All if no children; shares with children | Yes | Children, then parents, then siblings |
| Utah | All if no children; shares with children | No | Children, then parents, then siblings |
| Vermont | All if no children; shares with children | No | Children, then parents, then siblings |
| Virginia | All if no children; shares with children | No | Children, then parents, then siblings |
| Washington | All if no children; shares with children | Yes | Children, then parents, then siblings |
| West Virginia | All if no children; shares with children | No | Children, then parents, then siblings |
| Wisconsin | All if no children; shares with children | Yes | Children, then parents, then siblings |
| Wyoming | All if no children; shares with children | No | Children, then parents, then siblings |
Spouse shares are simplified here because the exact amount depends on children, parents, and whether children are from the current marriage. Community-property states follow different rules for marital assets. Always confirm the precise share in your state guide below.
Dying Without a Will by State — What Intestate Succession Means
The foundation of dying without a will by state is a legal system called intestate succession. When someone dies without a valid will, the state steps in with a fixed formula that decides who inherits. This formula is based entirely on family relationships — spouse, children, parents, siblings — and it leaves no room for what the deceased might actually have wanted. The probate court applies the formula in order until the entire estate is distributed.
Not all property is affected. Assets with a named beneficiary, like life insurance and retirement accounts, and property held in joint ownership or a living trust pass outside intestate succession to the person already named. Only the “probate estate” — the assets in the deceased’s name alone — is divided by the state’s formula. Your state guide explains exactly which assets are covered where you live.
Dying Without a Will by State — What the Spouse Inherits
Under dying without a will by state rules, the surviving spouse is almost always first in line — but how much they get is the part that surprises families most. If there are no children, the spouse usually inherits everything. If there are children, the spouse typically shares the estate with them, and the split changes depending on whether the children are from the current marriage or a previous one.
This is where the nine community-property states differ. In those states, the spouse already owns half of most property acquired during the marriage, so intestate rules only divide the deceased’s half. The result can be very different from a non-community-property state with otherwise similar facts. Because the spouse’s share is one of the most misunderstood parts of intestate law, your state guide breaks down the exact fractions for each family situation.
Dying Without a Will by State — Who Inherits When There’s No Spouse
When there is no surviving spouse, dying without a will by state law follows a clear chain of relatives. Children inherit first, usually in equal shares. If a child has died before the parent, that child’s own children (the deceased’s grandchildren) typically step into their share. If there are no children or grandchildren, the estate moves up to the deceased’s parents, then out to siblings, then to nieces, nephews, and more distant relatives.
The exact path depends on each state’s statute, and the differences matter in blended families or when relatives are spread across generations. Two systems, called “per stirpes” and “per capita,” decide how a deceased relative’s share is divided among their descendants. To see how your state handles these branches, read its full guide — and our companion explainer on per stirpes vs per capita.
Dying Without a Will by State — How to Avoid It
The simplest way to escape dying without a will by state rules is to write a valid will. A will lets you name exactly who inherits, choose a guardian for minor children, and pick the person who will manage your estate — none of which intestate law allows. Even a basic will, properly signed and witnessed, overrides the state’s default formula entirely.
Beyond a will, a living trust, payable-on-death accounts, and updated beneficiary designations keep specific assets out of intestate succession and away from probate. The right combination depends on your family and what you own. To get started, read our guide on wills by state to see exactly what your state requires for a valid will.
Find Your State Intestate Guide
Ready to look up dying without a will by state for your specific state? Click any state name in the table above for its complete guide, or browse the full collection below.
Browse All 50 State Intestate Guides →
Official Sources
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English definition of intestate succession
- Uniform Law Commission: uniformlaws.org — the model probate code many states follow for intestacy
- State probate codes & courts: each state’s intestate-succession statute and court self-help portal, linked inside the individual state guides
- Legal Services Corporation: lsc.gov — find free local legal aid for inheritance questions
Dying without a will by state data compiled from official state probate codes, state court self-help portals, and established legal-reference sources. Intestate shares and the order of heirs change as legislatures amend the law. Click any state above for its verified guide with current figures. Last reviewed June 2026.
Informational only — not legal or tax advice. This page is for general informational purposes only and does not create an attorney-client relationship. Inheritance and probate laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney or your local probate court’s self-help center.